Penalties from a South Dakota DUI Conviction Can Impact Your Life

A range of penalties are enforced throughout South Dakota for driving under the influence (DUI) of alcohol , these penalties are based on the age of the driver and the number of prior offenses. The state has a zero tolerance law in effect for drivers under the age of 21 who drive with a blood alcohol content (BAC) of .02 or higher. For drivers over the age of 21, a BAC of .08 or higher is considered above the legal limit; however, even for drivers with a BAC of lower than .08, the driver may still be charged with driving while intoxicated if it is determined that the driver is unable to operate the motor vehicle safely.

The penalties for driving under the influence of alcohol in South Dakota include imprisonment, loss of the driver's license and/or fines. A driver under 21 years of age who has been convicted of a DUI in South Dakota may face the following:

• First Offense: Class 2 misdemeanor punishable by a fine and loss of the driver's license for 30 days.
• Second or Subsequent Offense: Class 2 misdemeanor punishable by a fine and 180-day loss of the driver's license.

A driver over the age of 21 who has been convicted of driving while intoxicated may face the following penalties in South Dakota:

• First Offense: Class 1 misdemeanor punishable by a fine of up to $1,000, imprisonment up to one year, or both, and loss of the driver's license ranging from 30 days to one year.
• Second Offense: Class 1 misdemeanor punishable by a fine of up to $1,000, imprisonment up to one year, or both, and loss of the driver's license for a minimum of one year. If the person is then convicted of driving without a license during that time, he or she will be sentenced to the county jail for not less than three days. This jail time may not be suspended.
• Third Offense: Class 6 felony punishable by a fine of up to $2,000, imprisonment of up to two years and loss of the driver's license for no less than one year after being released from prison. If the person is then convicted of driving without a license during that time, he or she will be sentenced to the county jail for not less than ten days. This jail time may not be suspended.

In South Dakota, if a license has been suspended or revoked as a result of a DUI conviction, an SR-22 form must be filed with the state to show proof of financial responsibility and ability to maintain insurance for three years.

If you have been charged with driving while intoxicated in South Dakota, a misdemeanor or a felony conviction is a serious offense and becomes a part of your permanent record. These convictions have significant repercussions for your future; therefore, you need the immediate assistance of an experienced South Dakota DUI attorney. Contact the lawyers at Zimmer, Duncan & Cole toll free at (888) 733-2992 or complete the contact form on this page for a free consultation with a South Dakota DUI lawyer. If you have been charged with a DUI, it is important that you contact us today.